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UNITED STATES, EX REL. GONZALEZ v. KIRK

No. 1007.

39 F.2d 246 (1930)

UNITED STATES ex rel. GONZALEZ et al. v. KIRK, Sheriff, et al.

District Court, S. D. Texas at Galveston.

March 7, 1930.

Attorney(s) appearing for the Case

W. E. Price, of Galveston, Tex., for petitioner.

M. S. McCorquodale, Asst. Dist. Atty., of Houston, Tex., opposed.

HUTCHESON, District Judge.

This is a case in which the applicant makes a bona fide claim of citizenship. Under these circumstances, she is entitled to a judicial trial on the facts. Ex parte Kazan (D. C.) 5 F.2d 243.

The United States presents against her claim to a judicial determination of the fact of citizenship the proposition that she is in the same case as one excluded, and that this court has no jurisdiction to consider...

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